Mexico Work Permit with FM2, FM3

Holders of an FM3 (Non-immigrant resident – no inmigrante) visa or an FM2 (immigrant resident – inmigrante) visa may be allowed to work in Mexico but they require a work permit.  The work permit is not a separate document.  It is a change to your activity status on your visa.   The status for a resident who is not working is “Rentista” and for someone who is working is “Lucrativa”.   A limited number of economic activities are allowed under FM2 “rentista” status.  The FM3 “visitante rentista” status does not allow any economic activity.

Keep in mind that some type of economic activities may not be allowed under your current status in which case you will have to change your status in order to qualify for the desired activity.  FM3 and FM2 are very different in this regard.

To get a work permit you need to submit a letter with your application for an FM3 or FM2 visa (original or renewal) which states what type of work you want to be permitted to do.

The permit is usually granted if it is for things like renting your house or running a B and B.   Other fairly common permits in our area cover property management and real estate sales.

You may need a work permit even if you are not being paid.  Ask your self if the work you are doing is something that a Mexican would be paid to do if you were not doing it.  If the answer is yes then you need a work permit.  Strictly speaking this would include most volunteer work.  There was some discussion about this in 2009 in the Puerto Vallarta area but we have not heard of anyone getting a work permit for the volunteer work they do in our area.   It has been reported that only volunteers in positions of authority will need work permits.  This excludes occasional volunteers.

If you change your FM2  Rentista status to Lucrativa you no longer have the right to keep a foreign plated car.

If you do not have a visa currently and do not qualify for any of the residency visas then your prospective employer will have to make the application.

Other resources:

The embassy of Mexico in Canada website says (Aug. 2010):

Business trip for less than 30 days

If you are a Canadian citizen and your visit to Mexico is exclusively for business purposes (business meetings, marketing, importation of Mexican goods to Canada, participation in trade exhibits, consulting and staff support), you do not intend to enter the local job market and your stay in Mexico will be for a maximum of 30 days, according to NAFTA you do not require a visa. Instead, you must obtain a business/tourist card at any of our Consulates in Canada or at the port of entry to Mexico, by presenting the following:

1. Proof of Canadian citizenship:

• Valid passport (the Canadian Department of Foreign Affairs and International Trade highly recommends Canadians travel with a passport), or
• Original birth certificate, citizenship card (naturalization certificate), notarized affidavit of citizenship (a statement under oath before a notary public) in addition to photo ID, such as a driver’s licence.

2. A letter from your company explaining the purpose of the trip, stating that the employer will cover the employee’s salary and expenses while in Mexico, and listing the companies and cities to be visited.

Please be aware that foreigners visiting Mexico must pay a tax fee. When travelling by plane, the US$20.00 fee is included in the airplane ticket. When travelling by car, this tax will be charged at the port of entry.

Business trip for more than 30 days

If you are travelling to Mexico exclusively for business purposes (business meetings, marketing, importation of Mexican goods to Canada, participation in trade exhibits, consulting and staff support) and your stay will be longer than 30 days, an FM-3 card must be obtained from the Mexican Consular office nearest the applicant’s place of residence. This allows the applicant to remain in Mexico for a maximum period of one year with multiple entries. The duration of the FM-3 card may be extended.